>> neil: i want you to meet andrew, after rushing through a law to combat gun violence in new york is rushing to make sense of it. >> neil: welcome, i'm neil cavuto. introduced on monday, signed into law on tuesday and big oh, oh. so urgent and fast, what have they wrote? new york governor three-day review to ram through that gun law, just one problem, folks who actually stopped to read it are now confused by it. here is why.

the police are worried fearing that ban on magazines with more than seven bullets may also apply to them to cops that use twice that amount. governor's office says, no, police officers possessing clips more than 7 bullets are not in violation of the law and they never will be, period. so to amend the law to exempt the police if the governor doesn't do so himself. all of this, my next guest says, if the law wasn't rammed through in the first place. new york senator voted against it, wants a petition drive to repeal it and urge all her fellow lawmakers to at least read it. it would appear they did not. what do you think they should do now? >> we set up an online petition to encourage residents in new york to come out and sign our petition, to sign the

petition because of some of what we believe in the law is unconstitutional. >> neil: leaving aside some of the constitutional stuff but now you have basic features like disqualification on gun magazine rounds that would have been easily spotted checked or even fact checked had they just gone through it and run it by the police. >> if you are talking about the magazines going from ten to seven, yeah, they have dropped the magazine. it can't be any larger than 7. the seven magazine is currently made. >> neil: now they have to go back to the drawing board and rewrite something or submit something new. governor's office says is not necessary but you say it is,

why? >> because it is law so the law is standing. what i'm looking to do is bring back parts of that law to have it repealed and replaced by new legislation. >> neil: all right. senator, i apologize for audio issues. we'll keep track of it. i said a million times, it's like when you were in school. anything you do at the last second, you probably didn't do that great on. now to something else, president's healthcare law we are finding more about it as each day goes by. there is two day symposium to train journalists how to report on it sponsored by the commonwealth fund who president is david blumenthal. something tells me among the speakers you won't find this lady, former state lieutenant governor, she is a frequent critic of obamacare and she has

a new book out "beating obamacare." when you went to the symposium who understand the law so they can report on it, you got more than a bad law issue? >> that's right. i laughed when i heard about the symposium because the left leaning commonwealth fund is noted for slanting its research to support that view and commonwealth fund is being run by david blumenthal one of chief architects of it. so it won't be balanced. the commonwealth fund is largely responsible for the misconceptions and incorrect information that led many members of congress to vote for this giant law without ever reading it. i'll give you an example. one day on the floor of senate,

senator kent conrad pointed to a charted courtesy of the commonwealth fund that u.s. ranked 19th out of 19 countries for the quality of its healthcare. behind that was a bag of tricks commonwealth study that actually mixed up incidents of heart disease with survival rates from heart disease. of course, the u.s. has high rates of heart disease because of obesity and smoking, bad behavior, not bad medicine. >> neil: you remind need of this. when you rush anything through, even people that purportedly supporting the headlines, haven't read the copy that goes with the report. i'm reminded recently of the clip deal that raised the top rates on the richest americans. another democratic congressman, you realize the top rate is higher and i said no, it isn't. you are making that up. we are not including state taxes.

neither am i am including the surtax on medicare. >> 3.8%. >> neil: and they said made that up. it's in your law, reading it to you. they swore, it's not there. you now have this dilemma in new york, you have a dilemma with the healthcare law. it's sort of like the gift that keeps giving. >> 20-page bills in plain honest english that lawmakers at the state and federal level will actually read before they vote on this them. 20 pages, framers of our constitution framed our government in 18 pages. there should be symposiums to help the reporters to do a more responsible job of covering healthcare. frankly they were somewhat come police it in the public getting bamboozled. >> neil: here is what is scary. here is what should be pushing and you should be saying.

you missing the good in this. maybe other things that i am not aware of, but my point is that is a little weird? >> yes, bu where is the reporters when it comes to looking at the facts. remember the president saying skyrocketing health spending. that was the word the white house used every single day. they were on message, skyrocketing healthcare costs. the president told us domestic crisis of our time. we have to pass the affordable care act because the burden on families in the nation is so great. in fact healthcare spending was increase more slowly in 2009, 2010, 2011 than at any time at any time in 9 last half century. anesthesia reversing drugs but the fact is now that the government says wait until you see the skyrocketing health care under obamacare.

>> neil: again, i'm not atom splitter but if you required 30 million americans, whatever the noble intentions are, there is no way premiums will not go up to cover that. >> there is no tooth fairy. if you force insurance companies to cover more you will have to pay more. >> neil: amazing. the only woman in the country who has read this, only person that has read this. everything she telegraphed was dead right on. you might want to read it. the governor of new york goes to weapons and they sound good on paper, but if you don't read them you will betsy on your tail. >> dow is up on the day. throughout all of this we are five-year high on the dow. s&p 500 similarly at five-year high.

so we've got the markets struggling along nicely. there is a variety of reasons for that. having everything to do with companies reporting better than expected earnings and economy is coming out of the woods. we have had three weeks of an up market. so many are saying this continues, it will make a mockery of all the critics and all this administration. if al-qaeda is on the move is it time for us to move in? what does ron paul have to say? ron paul is here. [ male announcer ] don't just reject convention. drown it out. introducing e all-new 2013 lexus ls f sport. an entirely new pursuit.

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ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your rheumatologist about humira, to help relieve your pain and stop further joint damage. >>. >> neil: you wanted your hostages? give us our terrorists. that is deal islamic militants are making with america. fat chance that is going to happen but the more brazen the terrorists of getting more frequent the calls for a america's military to start

intervening. should it. ron paul former republican congressman, presidential candidate says no, can very careful. congressman, what do you think of this? >> i think it would be foolish. i think what we've been doing for so many years has been foolish. think ought to try to understand what blow back is all about and what the c.i.a. has talked about and what michael cher has demonstrated in his work in the c.i.a. it's just way too much. it hurts us to no end. one of the points i made when i gave my last little talk on the house floor was that one of the trends and problems we are facing was violent anti-americanism, it's all over the world. that is what is happening. we have a mess in egypt now. we don't know exactly what we are supposed to be doing in syria. we end up supporting and even hillary had an expression, how

did we know the bad guys were going to get these things? i say what is happening in mali and hostages, it's a spinoff from us getting involved in libya and getting rid of khadafy. one thing leads to another. all these problems we have makes my case clear that we should have followed the founders advice of staying out the alliances and staying out of internal affairs of other nations, mind our own business and save a dollar now and then because we're flat out broke. >> neil: the argument you get back, congressman, we'll regret that because we'll give the bad guys free run. argument what they were just claiming is that, terrorists are not idiots. they can pack up and leave and if things get dicey for them in pakistan, they move to mali or algeria. they seem to be pretty good at

movement. bigger question, should we do anything about that or do we just let them brazenly go unobstructed? >> we have to decide why we have the problem. if we decide it's spontaneous and they hate americans and there is al-qaeda that don't like our prosperity and they don't like our freedoms. you keep chasing them. if the problem of these threats toward us and disruption is because we're involved and the answer is be less involved. >> neil: what it is more about than that? what if they really do hate us and they really all about whatever the over tures. they can't stand it. they want us dead. >> they might ask the same question. we brought up a lot of hatred to

go 6,000 miles away and kill people with drones. this is where the conflict is coming. we have to beat the drums of war in this hatred and go and do these things and then all of a sudden we have an epidemic of suicides of american soldiers that come back -- what am i doing over here shooting drone missiles and little kids dying. all of a sudden they come back and more people die from suicides -- our soldiers are committing suicide. i think it is a failed policy. it doesn't accomplish anything and if we don't understand it. as long as we don't want to look at it or in denial. c.i.a. helps us on this to explain why there is retaliation. if we don't accept that, it is going to get much worse. there are predictions because they haven't hit us here at home doesn't mean they are starting

to like us anymore. i think the problem is growing. it's going to get a lot worse as long as we think we are the king of the world. >> neil: thank you very much, i think. it is clear we are dealing with a mobile enemy in africa which makes fighting a lot harder. what is the best way to counterattack. we don't have a lot of money to counterattack. my next guest says go after their money. wayne, explain. >> at first, let me quickly respond to congressman paul's last statement that is we shouldn't act like kings of the world. if we did kings of the world much more often and showed how powerful we were, we wouldn't have all the mayhem. with regard to their finances, their ideas of financing terror is no different than the terrorists i faced 35 years ago.

they have some easier electronic ways to collect that money. they are still on using blood diamonds. they are using gold. they are smuggling currency and using corrupt bankers primarily in kuwait and qatar. >> they have a informal system that are like american express stands throughout. >> neil: how do you choke that off? >> it's very difficult to choke that off on the informal systems if not impossible, but certainly we can monitor the banking systems which we do. you and i both know we have the capability and ability to choke off deposits that are coming from around the world. understand that we've got kidnapping going on. we've got arms smuggling. we got narcotics deeming going on. the estimate from the state department that 89 million have been paid just in kidnappings in

this region of mali through al-qaeda in the last ten years. >> neil: so do you call them radical islamists. there is a different term but they are reasserting them and linked to al-qaeda or not, is it dangerous stuff? >> it's very dangerous stuff. understand that almost 20 years ago, 1989, khadafy helped form what he thought was going to be the arab super state which consisted of libya, algeria, morocco and tunisia. we've got terrorist states, we've got al-qaeda under different names but with the same idea and understand they want -- this is not about the united states leaving territories in the middle east. this is about taking the united states to its knees and that is what they intend to do and how

do they do it economically. when you have gas and oil in these various countries as we know bp is part of the one that is attacked in algeria. it's a very, very tough time and scary that time and dicey time. make no mistake about it, terrorists have plenty of money that is coming from funding in saudi arabia. there are lots of different places for the money. >> neil: thank you very much. fascinating book. one-year anniversary and no one is celebrating because so many americans out of work. the last time the president jobs council. s a nice little trait, you see, c-max helps you load your freight, with its foot-activated lift gate.

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>>. >> neil: if you are president's job council, you measure years by meetings, not one. steve moore, that doesn't seem right, but anyone, what do you make of it -- but anyway what do you make of it. >> this is distinguished men and women around the country. they came four meetings to give the president advice how to make the economy grow faster. it looks like the president took almost every recommendation and did exactly the opposite. maybe they have a knack for a number of months. >> neil: whether i saw that, well, you know you and i attend a lot of meetings, not together because i don't think i could deal with that -- maybe they do

something on the phone or e-mail each other or here a great idea for jobs. i don't know. i'm trying to give the best light on this, i don't think that happened either. >> i actually read the list, scores of recommendations about how to make this economy grow faster and create more jobs. everything from immigration policy, more skilled people in and create jobs in america. let's bring the tax rates down and reform the tax system. let's have more pro drilling and pro energy policy. let's get some of the these regulations to make sense. we go on and on, but the thing that was amazing and i think you and i and most americans would agree with the recommendations, the president did virtually nothing with these. >> neil: a lot of administrations of commissions where they look into something and then the final report collects dusted. i always think with the president involved, if you are

commission doing something really dicey, you stand behind them. they come out with a recommendation you put yours in with theirs, this unbiased and sort of boundless commission has come up with ideas, some of which i like, some i don't like but i stand by the key recommendations, yea or nay, he would be richly rewarded? >> there is a problem with that. if you look at the recommendation, things about lowering tax rates, that is opposite what the president wanted to do. he wanted to have the mirror of this group of very respected business leaders as his advisors and didn't take any of their advice. >> neil: he would have the cover taxes would still be higher on the richer and closing loopholes

on corporations. so he could have separated some of it. >> i'm not sure he wanted to. it wasn't just this panel. with the simpson-boles commission. he didn't do that one. there was paul volcker headed up on corporate tax reform. a lot of the ideas i agreed with, but he didn't move anything on those. i think it's because he has ideological disposition that is very much at odds with these businessmen and women are saying. by the way, these are corporate leaders. these are the people that ought to know how to create jobs because they do it every day. by the way, there are many in the cabinet, as you know, this is one of my criticisms of the past cabinet and this cabinet, name distinguished business leaders in the cab knelt. i can't. >> neil: steve moore, thank you

very much. >> i wish he would listen to his own advice. >> neil: there you go. you can forget about booking that spring break this weekend. it's about the party because guess what, i'm going to be in party central on monday. that is right, that is right. i'm going to be bringing you nonstop coverage of the presidential inauguration that will out do any trip to cancun or fort lauderdale. if you got such tickets, cancel them now, catch me at 11:00 a.m. on fbn, i'll be back at 4:00 p.m. on fox news. 8:00 p.m. on fox business, i know what you are thinking. neil, that is a lot of hours. are you going to be okay doing that? well, we will also have spring break video. [ laughter ] >> neil: all right. do you think the government

meantime, they say just you wait.

>>. >> neil: 78 mchbl not enough. that is how much taxpayers are selling out for the food paying program and now they are suggesting we may need to pay more. they are not promoting healthy choices but hike spending on food stamps. michelle malkin, maybe how to

get off of food stamps. i don't know what you are doing here. explain this. [ laughter ] >> neil: is this out of control? >> it has gotten out of control. we have the national academy of sciences commissioned by the usda that runs the food stamp program. their bottom line conclusion somehow we should be increasing spending because food stamp recipients aren't able to buy enough healthy food. explanation here is that in urban centers, it's much harder to get fresh food or organ i can food. if we simply increase the stipend that somehow the recipients will make better choices. unfortunately, again, it's too much common sense for these federal bureaucrats that run the programs. the problem if you give these food stamp benefits out, easy t

cards and remove the stigma and remove strings attached to them, guess what, they are going to buy crappy food. there is an unwillingness, look, part of this contract between a welfare recipient and taxpayers that have to subsidize it you have to accept limits. apparently the social welfare people think this too much of stigma, it's too much nanny state government. you need to let them by their soda and crappy food and give them more money. >> neil: we put a gloss on it where we actually make it a norman rockwell type of benefit. we glorify food stamps. we glorify some of these things. i am saying that we have made eight standard to the point, we have gotten various programs that are now so ingrained in society that once you get them,

it's almost impossible to get off them? >> yeah, that's right. the temporary entitlements get renewed and increased and expanded. then it becomes so much harder to rein them in when the excesses are obvious. we have had successes. in the federal school lunch program and with wick and women's and children's program. there are limits. they try to put nutrition back. you can't use it on soda and you can't use it on potato chips, but for some reason, the social welfare advocates have made snacks and ebt program untouchable. there are states that have tried to rein it in. new york and maine have applied for waivers from the usda and federal government refuses to rein it in. >> neil: these are the same liberals who are saying, the food police, what should we do,

but don't tread on the poorest amongst us let them have what they want. that is literally a case you can't have your cake but they can eat it. >> it certainly is. there is unfortunately one of these strange bedfellow alliances. in economics they call it baptist and bootleger system, you have dispirit interests that have united to keep the status quo. in this case the anti-poverty people and the sugar and soda interests that are making $80 billion on expenditures on the food stamp program. >> neil: encouraging anything by government edict makes more dependency on government. michelle, good seeing you again. >> on trial for shooting them. why is one aurora, colorado family suing somebody else?

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>>. >> neil: almost six months after the tragic shooting that left 12 dead and 70 wounded, today a remodeled aurora cinema is reopening doors for business. not everyone is happy. alicia has the latest from aurora. >> reporter: there are family members who died inside that building behind me who say they are insulted there are movies playing inside that building right now. the newly named center reopened to a somber ceremony dubbed a night of remembering. they spent a reported one million dollars renovating the theater giving a difficulty look and feel inside and out -- a different look my and out. we talked to one person. he decided to going to the reopening ceremony. his wish that they would have talked to people like him before

the redesign. >> and issue taking seriously and people that were hurt from the theater. you figure if you have been inside the situation you would have an opinion or say so on what the outcome of it would be. >> reporter: he says he does not blame anyone who decided to attend the reopening but he told us it felt rushed with sunday being just six months since that terrible night. cinemark is being sued by a number of family members for negligence. >> did they wanted the whole theater complex destroyed? >> there were varying opinions. some family members thought it should be closed down or destroyed or some thought it should be a memorandum. some thought that the best way to get in our lives that the

attacker, james holmes doesn't win. >> neil: the widow of a victim is suing the psychiatrist. that the doctor failed to ask police to dwayne james holmes after he shared his fantasies about killing people. could psychologists be held accountable? fox news amp lit lift lis wiehl. >> i think they have pretty good case. it's simple in the law. you have to show that the psychiatrist knew that holmes was crazy and dangerous. we know that for sure because holmes told her i infant size about killing people. she had a duty. she has a duty. she a psychiatrist and heading in that duty and did not use --

and neglected that duty. you can lock him up for 72 hours to monitor him, she said no and left it at that. i would say she breached her duty at that point when she didn't agree to the 27 hours. >> neil: what would have happened in the 72 hours? >> they could have evaluated him and held him and released him the same thing could have happened. >> neil: because he had no prior incidents. >> no prior incidents but there a lack of a legal connection or liability here on any psychiatrist that treated him particularly in this case. you have to realize what he voiced in his session which is protected by attorney-client privileges, he fantasized about killing a lot of people. that statement in itself and that is all we know and all the victims' families know about, it's not enough to trigger the duty to report. the sigh cry terrorist has to let them people are in harm.

>> it's is a scary statement. there are plenty of people undergoing sigh crick care who voice hallucinations and delusional thinking it doesn't trigger the duty to report. my guess is much more than statement. >> he sent in a notebook. unfortunately she never got the note bundling. you have to think as a matter of common sense that many of the things that he post-its in the notebook he verbalized to her. exactly, the messages and why else would she take the initial step she knew that something was horribly wrong. why would she take the initial step of going to the campus police and then back down. we don't know. >> so after the fact she should have seen it, but to the client,

you know, doctor privilege but it's slippery? >> it is a slippery. in order to break that bond a court is going to have to say there is a eminent threat of death. >> neil: how anybody talks about doing harm to people or in this case, murdering a bunch of people? >> it would bar an exception and trigger a duty to report. this lawsuit is about the doctor's failure to act. there would some liability, but here, you have would examine every case. anyone who commits a homicidal act that is undergoing treatment there is high likelihood they have discussed delusional thoughts with their treater. >> i'm telling you, i'm sure he said to things to her before even before the notebook. but i want to go out and kill a.

but of people. >> neil: you have represented clients that you found reprehensible. >> many, many. >> neil: to any point, i don't want to represent you? >> yes. i represented people who have done some very heinous things. >> neil: its moral call for me to accept them and represent them. once i'm involved in the case i have confidentiality. this is different between lawyers and psychiatrists. they are under a duty once they have reasonable suspicion that they think there is going to be harm in the future, not in the past, that they have done something in the past, but possibly in the future they have a legal obligation to turn that material over. >> but it can't be possibly. >> neil: you never know. we'll see. in the meantime, robert, remember this guy. he came back and charlie is still winning but those rants

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>>. >> neil: well, he doped up but did it's unsorry help? >> i view this situation one big lie, that i repeated a lot of times. as you said, it wasn't just said no and moved off of it. >> you were defiant? >> yes. >> you called other people liars? >> i made my decisions and they were my mistake and i acknowledge that and say i'm sorry for that.

>> neil: so that is very latest. does it have any come back chance for lance? look at bill back then. >> i did not have sexual relations with that woman. >> neil: look at the standing ovations he gets right now. katrina says lance won't be so lucky, why not? >> lance really showed no real emotion in that interview. he never actually apologized. he is celebrity 101 says first admit you did something wrong and then you apologize and then you show remorse. he has done nothing but admit what he has done. this is not a personal situation where he had an extramarital affair or was addicted to drugs. this is all about ego and power and greed. he duped his own foundation. >> neil: there are a lot of people that were duped. clinton did the whole country,

right? what made bill clinton survive that and robert downey survive his incidents. those are likable, i don't want to call them rogues, but likable but i don't think the same could apply to armstrong? >> armstrong is completely robotic. there is no charisma there. there is no like you said character. think of hugh granted or even charlie sheen. there is loveable about the train wreck you like to watch. you know, he is an interesting guy. >> neil: what makes you think that lance won't enjoy the same come back? >> people really i think view lance as someone who has really, this is about power and ego and greed. >> neil: what about the fact he had cancer, near death, won't that offset the bad stuff? >> absolutely not. he has been doing this for

decades. he even said on the interview, this was a lie of mythic proportions. that he continued to perpetuate. there is no sense -- he never said he thought he was doing nothing wrong. this is what his p.r. machine was telling him. >> neil: he was doing this to move on his life and capitalize and make some money? >> i don't think it was so much about making money. it was keeping that public persona but the way lance did this in the first place, he was setting out to win. >> neil: regardless of your personal preference, you don't think he will be able to break this? >> lance will always be a celebrity and treated with deference but he will never regain the expect or admiration of the american people. americans tend to forgive their heroes but lance armstrong has gone too far. >> neil: thank you very much.

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♪ >> neil: he wants for nothing but complains about everything. about children who never call him. even though they do a lot. neighbors he insists are out to get him, even though they are not. angry and alone. he just sits and stews. and this night i stopped by, man oh, man is he loaded for bear. he is seething over a delivery guy who apparently left his mailbox open and refused to close it. can you believe that he tells me. second time this month. well, i'm sure it was an accident, i tried to tell him. he is hearing none of it. he proceeds to rattle off the theory of similar slights, all silly and stupid and sad. what happened no this guy? he is in a well when my mom and dad were alive.

contemporary affair built bitterly marching on in life. years after they both left this life. my mom used to dismiss his ways because she insisted he was a good soul. but my mom would have said that about usama bin laden bought she had a good heart. but i think about my mom and hearing this guy who criticizes kids who would do anything for him. then i thought about something my mom used to say. you can tell a lot about a person that what gets them upset. little thing, little person. petty things, petty person. no matter the annoying things to my mom at least, always the same person, always a good person. yes, even this person. a person deserving of her kindness. no matter what i thought, she would always say neil, don't be thoughtless. i remember my mom diagnosed

with brain cancer. and the dignity with which she handled that cruel cancer. i remember somehow she never complained. never said a bad word. never judged the friend who should have called more often. just grateful he called at all and left it at that. you can tell a lot about a person how they handle bad stuff in life. there are those who i shake my head at. those like my mom, again i'm biased who prefer to leave it without a bad word out of their mouth. i am biased but this fellow would do well to remember my mom, his old friend and how she smiled through the greater pain. he would say preach about it on tv. i told him i would do that. hope leg gets the message. do so tonight, hoping the rest of us never forget that